§5A-7-4a. Payment of legitimate uncontested invoices for telecommunications services; procedures and powers of the Information and Communications Division and Secretary of Administration


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
WEST VIRGINIA CODE











‹ Back



 |   Print







WVC 5 A- 7 - 4 A

§5A-7-4a. Payment of legitimate uncontested invoices for

telecommunications services; procedures and powers

of the Information and Communications Division and

Secretary of Administration.

     (a) The Legislature finds that it is in the best interest of

the state, its spending units and those vendors supplying

telecommunications services to the state and its spending units

that any properly registered and qualified vendor supplying

telecommunications services to two or more spending units under a

shared account is entitled to prompt payment upon presentation of

a legitimate uncontested invoice for telecommunications services to

the division, as provided in the following subsections.

     (b) To facilitate the administration and payment of

telecommunications services, there is continued in the State

Treasury a special revenue account to be known as the

Telecommunications Services Payment and Reserve Fund. All moneys

transferred from state spending units pursuant to the requirements

of this section shall be deposited in the account. Expenditures

from the fund shall be made by the director for the exclusive

purposes set forth in this section: Provided, That no more than

$150,000 or the actual amount collected pursuant to subsection (j)

of this section in any fiscal year, whichever is less, may be

expended from the fund in any fiscal year to defray the costs of

administration of this section.

     (c) Upon receipt of any telecommunications charges from a

properly registered and qualified vendor, the division shall conduct a preliminary review of the charges. If the division

determines during this preliminary review that: (1) Any of the

charges are not authorized by law or by the contract under which

the telecommunications services are provided; (2) no specific

spending unit is designated for any charge; or (3) any charge or

service is not in accordance with contract pricing, the division

shall reject those charges. Within fourteen days of receipt of any

telecommunications charge, the director shall notify a vendor of

any rejected charges and shall include in the notice a description

of the rejected charges, the reasons a charge was rejected and a

proposed resolution of the rejected charge. The director and the

vendor shall attempt to resolve the matter in good faith. Within

ninety days of the receipt of the vendor's invoice or a time period

mutually agreed to by the vendor and secretary, the secretary shall

make the final decision as to the legitimacy of the rejected amount

and determine if payment is warranted. If the final decision of

the secretary is to require payment of the rejected amount, the

secretary shall cause the division to bill that amount to the

appropriate spending unit which shall remit payment of the amount

as required in subsection (d) of this section. If the final

decision of the secretary is to refuse to pay any amount, the

vendor may proceed in accordance with the provisions of article

two, chapter fourteen of this code.

     (d) Following the preliminary review of the charges, the

director shall fully apportion all telecommunications charges not

rejected during the preliminary review required by subsection (c)

of this section among spending units based on the spending unit's service and usage, as determined by the director. The director

shall send each spending unit a statement of the spending unit's

proportionate share of any telecommunications charges within thirty

days of receipt by the division of the invoice detailing the

telecommunications charges. Monthly statements for a spending unit

of less than $75 may be accumulated and sent to the spending unit

on one statement near the end of the fiscal year. The director

shall continue to pay any vendor invoices based upon the

requirements of subsection (b) of this section. The statement is

to provide a date of no more than thirty calendar days from the

date the division sends the statement by which the spending unit

shall submit payment or transfer to the telecommunications services

payment and reserve fund all funds necessary to pay for the

spending unit's charges in full: Provided, That the statement sent

in last month of the fiscal year shall provide that the transfer

shall be made by July 31. If feasible for the spending unit, the

preferable method of payment is by intergovernmental transfer.

     (e) All spending units shall budget for telecommunications

service expenses. Prior to the date provided in each statement

sent to a spending unit pursuant to subsection (d) of this section,

each spending unit shall pay or transfer the statement amount to

the Telecommunications Services Payment and Reserve Fund.

     (f) If a spending unit fails to pay or transfer funds by the

date specified in the statement sent pursuant to subsection (d) of

this section, the Secretary of the Department of Administration

shall transfer to the Telecommunications Services Payment and

Reserve Fund the statement amount plus an additional penalty in the amount of three percent of the statement amount from any funds

supporting the administration of that spending unit: Provided,

That the secretary shall complete all such transfers by July 31 of

each fiscal year. Upon exercising a transfer under the authority

of this subsection, the director shall provide a notification to

the spending unit, including, but not limited to, the date, time,

total amount of the transfer, statement amount and penalty amount.

If a participating spending unit does not maintain funds in the

State Treasury, the secretary may transfer funds by wire from any

depository outside the State Treasury. A participating spending

unit maintaining funds in depositories outside the State Treasury

shall furnish the secretary access to those funds for the exclusive

purposes of this section.

     (g) If a spending unit contests any portion of its statement,

it shall nonetheless remit payment for the entire statement amount

and notify the division in writing within thirty days of statement

receipt by the spending unit. The secretary shall consider any

contested apportionments of charges and provide a final

determination on the apportionment of legitimate charges.

Corrections or adjustments to apportionments may be effected on

future transfer payments: Provided, That legitimate vendor charges

are to be fully apportioned. If the basis of the contest is vendor

error, overcharge, service failure, failure to terminate services

as required by the division or other failure of or error in vendor

performance, the director shall withhold the contested amount from

current or future vendor payments, pending resolution by the

secretary, and the director shall bring the contested matter to the attention of the vendor. The director and the vendor shall attempt

to resolve the matter in good faith. Within ninety days of the

receipt of the vendor's invoice or a time period mutually agreed to

by the vendor and secretary, the secretary shall make the final

decision as to the legitimacy of the contested amount and determine

if payment is warranted. If the final decision of the secretary is

to refuse to pay any amount, the vendor may proceed in accordance

with the provisions of article two, chapter fourteen of this code.

     (h) The director shall provide for full payment of legitimate,

uncontested telecommunications charges within ninety days of

receipt of an invoice detailing the telecommunications charges by

the division. Payment for the charges shall be made by the

director from the Telecommunications Services Payment and Reserve

Fund.

     (i) The director may direct the discontinuance of

telecommunications services to any spending unit that fails to

comply with the provisions of this section and the vendor supplying

telecommunication services shall comply with the written direction

of the director on discontinuance of services.

     (j) To help defray the additional cost of administering this

section, the director may assess a proportional fee of up to

$150,000 in aggregate per fiscal year to the participating spending

units based on each spending unit's portion of service and usage.

This fee is to be included in the statement sent to spending units

pursuant to subsection (d) of this section and transferred to the

Telecommunications Service Payment and Reserve Fund by the date

specified in the statement for the transfer of payment.

     (k) Notwithstanding any other provision of this code to the

contrary, for purposes of this section, an invoice is considered

received by the division on the date on which the invoice is marked

as received by the division, or three business days after the date

of the postmark made by the United States Postal Service as

evidenced on the envelope in which the invoice is mailed, whichever

is earlier: Provided, That if an invoice is received by the

division prior to the date on which the telecommunications services

covered by the invoice are delivered or fully performed, for

purposes of determining the ninety-day time period for payment in

subsection (h) of this section, the invoice is considered received

on the date on which the telecommunications services covered by the

invoice were delivered or fully performed.

     (l) For purposes of this section, "telecommunications service"

means and includes not only telephone service regulated under

chapter twenty-four of this code or under federal law, but also may

include, at the discretion of the Secretary of Administration,

wireless service, voice over Internet protocol service, Internet

service and any other service or equipment used for the electronic

transmission of voice or data: Provided, That the service is

provided under a statewide contract.

     (m) The director may propose rules for legislative approval in

accordance with the provisions of article three, chapter twenty-

nine-a of this code to effectuate the purposes of this section.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.